Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020-2021, 20475-20478 [2023-07246]
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
withdrawn from warehouse, for
consumption on, or after, the
publication date of the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for Qingsong will be equal
to the weighted-average dumping
margin established in the final results of
this review (except, if the dumping
margin is zero or de minimis, then the
cash deposit rate will be zero); (2) for a
previously investigated or reviewed
exporter of subject merchandise not
listed in the final results of review that
has a separate rate, the cash deposit rate
will continue to be the exporter’s
existing cash deposit rate; (3) for all
Chinese exporters of subject
merchandise that do not have a separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity, 221.06 percent; 16
and (4) for all exporters of subject
merchandise that are not located in
China and that are not eligible for a
separate rate, the cash deposit rate will
be the rate applicable to the China
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.17
Public Comment
Interested parties may submit case
briefs to Commerce no later than seven
days after the date of the verification
report issued in this administrative
review.18 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
time limit for filing case briefs.19 Parties
who submit case briefs or rebuttal briefs
in this proceeding are encouraged to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.20 Case and rebuttal
briefs should be filed using ACCESS.21
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
ddrumheller on DSK120RN23PROD with NOTICES1
16 See
Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019).
17 See 19 CFR 351.224(b).
18 See 19 CFR 351.309(c).
19 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
20 See 19 CFR 351.309(c)(2) and (d)(2).
21 See 19 CFR 351.303.
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hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.22 Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.23
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
Final Results
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless otherwise extended.24
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
22 See
19 CFR 351.310(c).
19 CFR 351.310(d).
24 See section 751(a)(3)(A) of the Act.
23 See
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20475
V. Preliminary Intent to Rescind, in Part
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–07174 Filed 4–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–123]
Certain Corrosion Inhibitors From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review and
Rescission of Review, in Part; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
corrosion inhibitors (corrosion
inhibitors) from the People’s Republic of
China (China). The period of review is
July 13, 2020, through December 31,
2021. In addition, we are rescinding the
review with respect to 27 companies.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Brontee George or Theodore Pearson,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4656 or
(202) 482–2631, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 19, 2021, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
certain corrosion inhibitors from
China.1 On May 13, 2022, Commerce
published the notice of initiation of an
administrative review of the Order for
the period July 13, 2020, through
December 31, 2021.2 On July 19, 2022,
1 See Certain Corrosion Inhibitors from the
People’s Republic of China: Antidumping Duty and
Countervailing Duty Orders, 86 FR 14869 (March
19, 2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
29280 (May 13, 2022).
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
Commerce selected Anhui Trust Chem
Co., Ltd. and Nantong Botao Chemical
Co., Ltd. as mandatory respondents in
this administrative review.3 On October
24, 2022, Commerce exercised its
discretion to extend the preliminary
results of this administrative review by
120 days, until March 31, 2023.4
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.5 A
list of topics discussed in the
Preliminary Decision Memorandum is
included as Appendix I to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The product covered by the Order are
corrosion inhibitors from China. For a
complete description of the scope, see
the Preliminary Decision Memorandum.
Rescission of Administrative Review, in
Part
Methodology
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal of review
request from Wincom Incorporated (the
petitioner) with respect to 29
companies, pursuant to 19 CFR
351.213(d)(1). However, two of the
companies for which the petitioner
withdrew its review request are subject
to review requests that were not
withdrawn. For the other 27 companies,
because the withdrawal request was
timely filed, and no other parties
requested a review of these companies,
in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this administrative review with respect
to these 27 companies. For a list of
companies, see Appendix II.
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, Commerce
preliminarily finds that there is a
subsidy (i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific).6
In making these findings, Commerce
relied, in part, on facts available and,
because it finds that one or more
respondents, including the Government
of China, did not act to the best of their
ability to respond to Commerce’s
requests for information, it drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Results of Review
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate—2020
(percent ad valorem)
Company
Anhui Trust Chem Co., Ltd 8 ...............................................................................
Nantong Botao Chemical Co., Ltd 9 ....................................................................
140.61
52.12
Subsidy rate—2021
(percent ad valorem)
51.17
10.77
Review-Specific Average Rate Applicable to the Following Companies 10
Gold Chemical Limited ........................................................................................
Jiangyin Delian Chemical Co., Ltd ......................................................................
Nantong Kanghua Chemical Co., Ltd ..................................................................
ddrumheller on DSK120RN23PROD with NOTICES1
Preliminary Rate for Non-Selected
Companies Under Review
83.41
83.41
83.41
33.89
33.89
33.89
There are three companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. The statute and
Commerce’s regulations do not directly
address the establishment of rates to be
applied to companies not selected for
individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides the basis for calculating the allothers rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. In this review, the
preliminary rates calculated for Anhui
Trust Chem Co., Ltd. (ATC) and
Nantong Botao Chemical Co., Ltd.
(Botao) were above de minimis and not
based entirely on facts available.
Therefore, we are applying to the nonselected companies the average of the
net subsidy rates calculated for ATC and
3 See Memorandum, ‘‘Respondent Selection,’’
dated July 19, 2022.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2020–2021,’’ dated October
24, 2022.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review and Rescission in Part;
2020—2021: Certain Corrosion Inhibitors from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
8 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds the
following companies to be cross-owned with ATC:
Nanjing Trust Chem Co., Ltd. and Jiangsu Trust
Chem Co., Ltd.
9 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds the
following companies to be cross-owned with Botao:
Rugao Connect Chemical Co., Ltd.; Rugao Jinling
Chemical Co., Ltd.; and Nantong Yutu Group Co.,
Ltd.
10 This rate is based on the rate for the respondent
that was selected for individual review, excluding
rates that are zero, de minimis, or based entirely on
facts available. See section 735(c)(5)(A) of the Act.
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
Botao, which we calculated using the
publicly-ranged sales data submitted by
ATC and Botao.11 This methodology to
establish the rate for the non-selected
companies uses section 705(c)(5)(A) of
the Act, which governs the calculation
of the ‘‘all-others’’ rate in an
investigation, as guidance. For further
information on the calculation of the
non-selected respondent rate, refer to
the section in the Preliminary Decision
Memorandum entitled ‘‘Non-Selected
Companies Under Review.’’
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts indicated above for 2021 for
each of the respondents listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final
results, Commerce shall determine, and
11 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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21:13 Apr 05, 2023
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CBP shall assess, countervailing duties
on all appropriate entries covered by
this review. We intend to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period July 13, 2020, through December
31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Disclosure and Public Comment
We will disclose to parties in this
review, the calculations performed for
these preliminary results within five
days after the date of publication of this
notice.12 Interested parties may submit
case briefs no later than 30 days after
the date of publication of these
preliminary results of review.13
Rebuttals to case briefs may be filed no
later than seven days after the case
briefs are filed, and all rebuttal
comments must be limited to comments
raised in the case briefs.14 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.15 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically using
12 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
14 See 19 CFR 351.309(d).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
13 See
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20477
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice.
Hearing requests should contain the
party’s name, address, and telephone
number, the number of participants,
whether any participant is a foreign
national, and a list of the issues to be
discussed. If a request for a hearing is
made, parties will be notified of the date
and time for the hearing to be
determined.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Partial Rescission of Administrative
Review
VI. Diversification of China’s Economy
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Subsidies Valuation
IX. Interest Rate, Discount Rate, Input,
Electricity, and Land Benchmarks
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From Review
1. Dandee Hong Kong Holdings Ltd
2. Alvarez Schaer S.A.
3. Bollore Logistics Le Havre
4. CAC Shanghai Chemical Co., Ltd.
5. Dalsem Greenhouse Technology B.V.
6. Gooyer International Co., Ltd. (Hk)
7. Haruno Sangyo Kaisha Ltd.
8. Jiangsu Bohan Industry Trade Co., Ltd.
9. Jiangsu Yangnong Chemical Group Co.,
Ltd.
10. Jiangyin Gold Fuda Chemical Co., Ltd.
11. Johoku Chemical Co., Ltd.
12. K. Uttamlal Exports Private Limited
13. Nanjing Hengrun Hogsu Import & Export
Company
14. Nanjing Innochem Co., Ltd.
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15. Nanjing Singchem Co., Ltd.
16. Nantong Bestime Chemical Co., Ltd.
17. Sagar Speciality Chemicals Pvt., Ltd.
18. Sinochem Pharmaceutical Co., Ltd.
19. Solenis Especialidades Quimicas Ltda
20. Techwell Technology Holding Limited
21. Tianjin Jinbin Iternational Trade
22. Vcare Medicines
23. Wuxi Base International Trade Co., Ltd.
24. Wuxi Connect Chemicals Co., Ltd.
25. Xingji Xi Chen Re Neng Co., Ltd.
26. Yasho Industries Pvt. Ltd.
27. Zaozhuang Kerui Chemicals Co., Ltd.
[FR Doc. 2023–07246 Filed 4–5–23; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Order
International Trade Administration
[A–351–842]
Certain Uncoated Paper From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on certain
uncoated paper (uncoated paper) from
Brazil with respect to two exporters/
producers of subject merchandise. The
period of review (POR) is March 1,
2021, through February 28, 2022.
Commerce preliminarily finds that
certain sales of uncoated paper from
Brazil were made at less than normal
value. We invite interested parties to
comment on these preliminary results.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba or Nathan James,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0413 or
(202) 482–5305, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On May 13, 2022, Commerce initiated
an administrative review of the
antidumping duty order on uncoated
paper from Brazil,1 in accordance with
section 751(a) of the Tariff Act of 1930,
1 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (Order).
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Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period March 1,
2021, through February 28, 2022:
Exporter/producer
Suzano S.A ...........................
Sylvamo do Brasil Ltda./
Sylvamo Exports Ltda .......
Weightedaverage
dumping
margin
(percent)
7.17
0.00
The merchandise subject to the Order
is uncoated paper. For a full description
of the scope, see the Preliminary
Decision Memorandum.
DEPARTMENT OF COMMERCE
VerDate Sep<11>2014
as amended (the Act).2 This review
covers two producers/exporters of
subject merchandise, Suzano S.A.
(Suzano) 3 and Sylvamo do Brasil Ltda.
(SVBR)/Sylvamo Exports Ltda. (SVEX)
(collectively, Sylvamo).4
On November 15, 2022, Commerce
extended the deadline for these
preliminary results until March 31,
2023.5 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
Methodology
antidumping duties on all appropriate
Commerce is conducting this review
entries covered by this review. Pursuant
in accordance with section 751(a)(1)(B)
to 19 CFR 351.212(b)(1), if the weightedof the Act. We calculated export price
average dumping margin for Suzano or
and constructed export price in
Sylvamo is not zero or de minimis (i.e.,
accordance with section 772 of the Act.
less than 0.50 percent) in the final
We calculated normal value in
results of this review, we will calculate
accordance with section 773 of the Act.
importer-specific assessment rates based
For a full description of the
on the ratio of the total amount of
methodology underlying these
dumping calculated for the importer’s
preliminary results, see the Preliminary
examined sales to the total entered
Decision Memorandum. A list of the
value of those same sales. If either
topics discussed in the Preliminary
respondent’s weighted-average dumping
Decision Memorandum is included as
margin is zero or de minimis in the final
an appendix to this notice. The
results of review, or if an importerPreliminary Decision Memorandum is a
specific assessment rate is zero or de
public document and is on file
minimis, Commerce will instruct CBP to
electronically via Enforcement and
liquidate appropriate entries without
Compliance’s Antidumping and
regard to antidumping duties. The final
Countervailing Duty Centralized
results of this review shall be the basis
Electronic Service System (ACCESS).
for the assessment of antidumping
ACCESS is available to registered users
duties on entries of merchandise
at https://access.trade.gov. In addition, a
covered by this review, and for future
complete version of the Preliminary
deposits of estimated duties, where
Decision Memorandum can be accessed
applicable.7
directly at https://access.trade.gov/
In accordance with Commerce’s
public/FRNoticesListLayout.aspx.
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
2 See Initiation of Antidumping and
the POR produced by Suzano or
Countervailing Duty Administrative Reviews, 87 FR
Sylvamo for which the company did not
29280 (May 13, 2022).
3 Commerce previously determined that Suzano is
know that the merchandise was
the successor-in-interest to Suzano Papel e Celulose destined for the United States, we will
S.A. See Certain Uncoated Paper from Brazil: Final
instruct CBP to liquidate those entries at
Results of Antidumping Duty Administrative
the all-others rate established in the
Review; 2019–2020, 86 FR 55820 (October 7, 2021).
4 Commerce previously determined that SVBR is
original less-than-fair-value (LTFV)
the successor-in-interest to International Paper do
investigation (i.e., 27.11 percent) 8 if
Brasil Ltda. and that SVEX is the successor-inthere is no rate for the intermediate
interest to International Paper Exportadora Ltda.
company(ies) involved in the
See Certain Uncoated Paper from Brazil: Final
transaction.9
Results of Antidumping Duty Changed
Circumstances Review, 87 FR 1395 (January 11,
Commerce intends to issue
2022).
assessment instructions to CBP no
5 See Memorandum, ‘‘Extension of Deadline for
earlier than 35 days after the date of
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated November 15, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Uncoated Paper from Brazil; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
7 See
section 751(a)(2)(C) of the Act.
Order, 81 FR at 11176.
9 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See
E:\FR\FM\06APN1.SGM
06APN1
]]>Agencies
[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20475-20478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07246]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-123]
Certain Corrosion Inhibitors From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain corrosion inhibitors (corrosion
inhibitors) from the People's Republic of China (China). The period of
review is July 13, 2020, through December 31, 2021. In addition, we are
rescinding the review with respect to 27 companies. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Brontee George or Theodore Pearson,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4656 or (202)
482-2631, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2021, Commerce published in the Federal Register the
countervailing duty (CVD) order on certain corrosion inhibitors from
China.\1\ On May 13, 2022, Commerce published the notice of initiation
of an administrative review of the Order for the period July 13, 2020,
through December 31, 2021.\2\ On July 19, 2022,
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\1\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR
14869 (March 19, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 29280 (May 13, 2022).
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[[Page 20476]]
Commerce selected Anhui Trust Chem Co., Ltd. and Nantong Botao Chemical
Co., Ltd. as mandatory respondents in this administrative review.\3\ On
October 24, 2022, Commerce exercised its discretion to extend the
preliminary results of this administrative review by 120 days, until
March 31, 2023.\4\
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\3\ See Memorandum, ``Respondent Selection,'' dated July 19,
2022.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020-2021,''
dated October 24, 2022.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\5\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix I to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review and Rescission
in Part; 2020--2021: Certain Corrosion Inhibitors from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order are corrosion inhibitors from
China. For a complete description of the scope, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, Commerce
preliminarily finds that there is a subsidy (i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific).\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making these findings, Commerce relied, in part, on facts
available and, because it finds that one or more respondents, including
the Government of China, did not act to the best of their ability to
respond to Commerce's requests for information, it drew an adverse
inference where appropriate in selecting from among the facts otherwise
available.\7\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
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\7\ See sections 776(a) and (b) of the Act.
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Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal of review request from Wincom Incorporated (the
petitioner) with respect to 29 companies, pursuant to 19 CFR
351.213(d)(1). However, two of the companies for which the petitioner
withdrew its review request are subject to review requests that were
not withdrawn. For the other 27 companies, because the withdrawal
request was timely filed, and no other parties requested a review of
these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this administrative review with respect to these 27
companies. For a list of companies, see Appendix II.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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Subsidy rate--2020 (percent Subsidy rate--2021 (percent
Company ad valorem) ad valorem)
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Anhui Trust Chem Co., Ltd \8\....................... 140.61 51.17
Nantong Botao Chemical Co., Ltd \9\................. 52.12 10.77
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Review-Specific Average Rate Applicable to the Following Companies \10\
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Gold Chemical Limited............................... 83.41 33.89
Jiangyin Delian Chemical Co., Ltd................... 83.41 33.89
Nantong Kanghua Chemical Co., Ltd................... 83.41 33.89
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Preliminary Rate for Non-Selected Companies Under Review
There are three companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. The statute and
Commerce's regulations do not directly address the establishment of
rates to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides the basis for calculating the all-others rate in an
investigation.
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\8\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with ATC: Nanjing Trust Chem Co., Ltd. and Jiangsu Trust Chem
Co., Ltd.
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with Botao: Rugao Connect Chemical Co., Ltd.; Rugao Jinling
Chemical Co., Ltd.; and Nantong Yutu Group Co., Ltd.
\10\ This rate is based on the rate for the respondent that was
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the
preliminary rates calculated for Anhui Trust Chem Co., Ltd. (ATC) and
Nantong Botao Chemical Co., Ltd. (Botao) were above de minimis and not
based entirely on facts available. Therefore, we are applying to the
non-selected companies the average of the net subsidy rates calculated
for ATC and
[[Page 20477]]
Botao, which we calculated using the publicly-ranged sales data
submitted by ATC and Botao.\11\ This methodology to establish the rate
for the non-selected companies uses section 705(c)(5)(A) of the Act,
which governs the calculation of the ``all-others'' rate in an
investigation, as guidance. For further information on the calculation
of the non-selected respondent rate, refer to the section in the
Preliminary Decision Memorandum entitled ``Non-Selected Companies Under
Review.''
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\11\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts indicated
above for 2021 for each of the respondents listed above on shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative review. If the rate calculated in the final results
is zero or de minimis, no cash deposit will be required on shipments of
the subject merchandise entered or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period July 13,
2020, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Disclosure and Public Comment
We will disclose to parties in this review, the calculations
performed for these preliminary results within five days after the date
of publication of this notice.\12\ Interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\13\ Rebuttals to case briefs may be
filed no later than seven days after the case briefs are filed, and all
rebuttal comments must be limited to comments raised in the case
briefs.\14\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\15\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
review are encouraged to submit with each argument: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the date of publication of this
notice. Hearing requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, parties will be notified of the date and
time for the hearing to be determined.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: March 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Partial Rescission of Administrative Review
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Subsidies Valuation
IX. Interest Rate, Discount Rate, Input, Electricity, and Land
Benchmarks
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From Review
1. Dandee Hong Kong Holdings Ltd
2. Alvarez Schaer S.A.
3. Bollore Logistics Le Havre
4. CAC Shanghai Chemical Co., Ltd.
5. Dalsem Greenhouse Technology B.V.
6. Gooyer International Co., Ltd. (Hk)
7. Haruno Sangyo Kaisha Ltd.
8. Jiangsu Bohan Industry Trade Co., Ltd.
9. Jiangsu Yangnong Chemical Group Co., Ltd.
10. Jiangyin Gold Fuda Chemical Co., Ltd.
11. Johoku Chemical Co., Ltd.
12. K. Uttamlal Exports Private Limited
13. Nanjing Hengrun Hogsu Import & Export Company
14. Nanjing Innochem Co., Ltd.
[[Page 20478]]
15. Nanjing Singchem Co., Ltd.
16. Nantong Bestime Chemical Co., Ltd.
17. Sagar Speciality Chemicals Pvt., Ltd.
18. Sinochem Pharmaceutical Co., Ltd.
19. Solenis Especialidades Quimicas Ltda
20. Techwell Technology Holding Limited
21. Tianjin Jinbin Iternational Trade
22. Vcare Medicines
23. Wuxi Base International Trade Co., Ltd.
24. Wuxi Connect Chemicals Co., Ltd.
25. Xingji Xi Chen Re Neng Co., Ltd.
26. Yasho Industries Pvt. Ltd.
27. Zaozhuang Kerui Chemicals Co., Ltd.
[FR Doc. 2023-07246 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
